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2025 DAILYLAW 6476 (ORI)

PRADEEP PANIGRAHI @ PRADEEP KUMAR PANIGRAHI v. STATE OF ODISHA

BLAPL/12585/2025 · 2026-05-12

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 12585 of 2025 Pradeep Panigrahi @ Pradeep Kumar Panigrahi … Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP Mr. P.K. Panda, Advocate(Informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)12.05.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Gosaninuagaon PS Case No. 414 of 2025 corresponding to GR Case No.3045 of 2025 pending in the file of learned SDJM, Berhampur for commission of offences punishable U/Ss. 318(4)/338/336(3)/3(5) of BNS. 3. Heard, Mr. Jyotirmaya Sahoo, learned counsel for the petitioner; Mr. Prasanta Kumar Panda, learned counsel who enters appearance for the informant in the Court today by filing Vakalatnama which is taken on record and Mr. S.C. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record. 4. It is, however, contended by Mr. Sahoo learned counsel for the Petitioner that out of the outstanding dues of the informant, the Petitioner has already paid Rs.10,00,000/- to him through a bank draft, but Mr. Prasanta Kumar Panda, learned counsel for the Informant while acknowledging about receipt of the draft for Rs. 10,00,000/-(Rupees Ten Lakhs) submits that the Petitioner be directed to clear the entire the outstanding amount. Law is, however, well settled that no such direction can be passed in a criminal case to direct the accused to pay the amount as a condition precedent for grant of bail. Further, criminal cases are not meant for recovery of disputed dues. In the aforesaid facts and situation and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 01.11.2025 with submission of charge sheet in the meantime and the offences alleged against the Petitioner being triable by Magistrate and taking into account the law laid down by the Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773, this Court without expressing any view on merits, admits the petitioner to bail. 5. Hence, the bail application of the Petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Jayakrushna